The People of the State of New York Ex Rel. Martin Prisament, Respondent, Against Joseph H. Brophy, as Warden of…

Summary

The New York Court of Appeals held that a presidential pardon does not erase the prior conviction for purposes of determining a defendant's status as a second offender under section 1941 of the Penal Law. Accordingly, the relator's sentence as a second offender was lawful, the Appellate Division's order was reversed, and the dismissal of the habeas corpus petition was affirmed.